Re -clarity required on dpt 4 filing -ref sec 74

Co Act 2013 1477 views 3 replies

SANTOSH SHAH

Company Secretary

754 Points Posted on 27 June 2014

Dear Members

Kindly clarify if we need to file DPT -4 / GNL-2 in the following cases.

Unlisted Public Company.( Converted from Pvt Ltd to Public Ltd in December 2013).

1. UnSecured Loans & Advances availed from financiers prior to commencement of new act and if stands

cleared in books of accounts as on 31st March 2014. Do we have to file DPT -4 with MCA ?

2. If there are Secured Loans taken from Banks and Financial Institutions in Books of Accounts as on 31.03.2014, and some of the Loans are secured against charge on assets of the company, for which so far no charge has been filed with MCA under the old act, What can be done in such case?

1. Do we still have to file DPT-4 & GNL-2 for the Secured Loans before 30.06.2014 ?

2. What will be the impact on Non filing of Charge till date ?

A. If the Delay in Charge is between 30 days to 300 Days

B. If the Delay in Charge is more than 300 Days.

REQUEST YOUR ADVICE ON URGENT BASIS.

Regards

Santosh Shah

Replies (3)

SANTOSH SHAH

Company Secretary

754 Points Posted on 28 June 2014

Dear Experts / Members

Kindly advice on the below query.

regards

Santosh Shah

Originally posted by : SANTOSH SHAH
	Dear Members Kindly clarify if we need to file DPT -4 / GNL-2 in the following cases. Unlisted Public Company.( Converted from Pvt Ltd to Public Ltd in December 2013). 1. UnSecured Loans & Advances availed from financiers prior to commencement of new act and if stands cleared in books of accounts as on 31st March 2014. Do we have to file DPT -4 with MCA ? 2. If there are Secured Loans taken from Banks and Financial Institutions in Books of Accounts as on 31.03.2014, and some of the Loans are secured against charge on assets of the company, for which so far no charge has been filed with MCA under the old act, What can be done in such case? 1. Do we still have to file DPT-4 & GNL-2 for the Secured Loans before 30.06.2014 ? 2. What will be the impact on Non filing of Charge till date ? A. If the Delay in Charge is between 30 days to 300 Days B. If the Delay in Charge is more than 300 Days. REQUEST YOUR ADVICE ON URGENT BASIS. Regards Santosh Shah

P C Agrawal

Registered independent director Past Ch

8229 Points Posted on 28 June 2014

My view to both queries:

1. If balance of loan as on 31.3.2014 is NIL, DPT.4 is not required to be filed.

2. Loan from any bank is not deposit under Rule 2(1)(c)(iii) of CA 2013 and hence DPT.4 need not be filed. Question of security is immaterial here.

SANTOSH SHAH

Company Secretary

754 Points Posted on 28 June 2014

Thank you Sir.

regards

Santosh Shah

Originally posted by : P C Agrawal
	My view to both queries: 1. If balance of loan as on 31.3.2014 is NIL, DPT.4 is not required to be filed. 2. Loan from any bank is not deposit under Rule 2(1)(c)(iii) of CA 2013 and hence DPT.4 need not be filed. Question of security is immaterial here.